Thursday, January 10, 2013

Don't get your hopes up. They are coming after the guns.

There is a story floating around that the Patient Affordable Care Act (Obama Care) contains provisions that prohibit "the government" from collecting information about legally owned guns and ammunition. This is not true.

Senate amendment 3276, Sec. 2716, part c. only limits the Secretary of Health and Human Services from collecting information about legally owned firearms and ammunition when implementing "wellness and health promotion activities."

It took me about an hour to track down the actually language of the law. It is not easy to follow--they do that on purpose.

Here is Section 2716 of H.R.3590:

`SEC. 2716. PROHIBITION ON DISCRIMINATION IN FAVOR OF HIGHLY COMPENSATED INDIVIDUALS.

`(a) In General- A group health plan (other than a self-insured plan) shall satisfy the requirements of section 105(h)(2) of the Internal Revenue Code of 1986 (relating to prohibition on discrimination in favor of highly compensated individuals).

`(b) Rules and Definitions- For purposes of this section--

`(1) CERTAIN RULES TO APPLY- Rules similar to the rules contained in paragraphs (3), (4), and (8) of section 105(h) of such Code shall apply.

`(2) HIGHLY COMPENSATED INDIVIDUAL- The term `highly compensated individual' has the meaning given such term by section 105(h)(5) of such Code.'.

(e) Section 2717 of the Public Health Service Act, as added by section 1001(5) of this Act, is amended--

(1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and

(2) by inserting after subsection (b), the following:

`(c) Protection of Second Amendment Gun Rights-

`(1) WELLNESS AND PREVENTION PROGRAMS- A wellness and health promotion activity implemented under subsection (a)(1)(D) may not require the disclosure or collection of any information relating to--

`(A) the presence or storage of a lawfully-possessed firearm or ammunition in the residence or on the property of an individual; or

`(B) the lawful use, possession, or storage of a firearm or ammunition by an individual.

`(2) LIMITATION ON DATA COLLECTION- None of the authorities provided to the Secretary under the Patient Protection and Affordable Care Act or an amendment made by that Act shall be construed to authorize or may be used for the collection of any information relating to--

`(A) the lawful ownership or possession of a firearm or ammunition;

`(B) the lawful use of a firearm or ammunition; or

`(C) the lawful storage of a firearm or ammunition.

`(3) LIMITATION ON DATABASES OR DATA BANKS- None of the authorities provided to the Secretary under the Patient Protection and Affordable Care Act or an amendment made by that Act shall be construed to authorize or may be used to maintain records of individual ownership or possession of a firearm or ammunition.

`(4) LIMITATION ON DETERMINATION OF PREMIUM RATES OR ELIGIBILITY FOR HEALTH INSURANCE- A premium rate may not be increased, health insurance coverage may not be denied, and a discount, rebate, or reward offered for participation in a wellness program may not be reduced or withheld under any health benefit plan issued pursuant to or in accordance with the Patient Protection and Affordable Care Act or an amendment made by that Act on the basis of, or on reliance upon--

`(A) the lawful ownership or possession of a firearm or ammunition; or

`(B) the lawful use or storage of a firearm or ammunition.

`(5) LIMITATION ON DATA COLLECTION REQUIREMENTS FOR INDIVIDUALS- No individual shall be required to disclose any information under any data collection activity authorized under the Patient Protection and Affordable Care Act or an amendment made by that Act relating to--

`(A) the lawful ownership or possession of a firearm or ammunition; or

`(B) the lawful use, possession, or storage of a firearm or ammunition.'.

Here is Section 2717, which is modified by the above.

`SEC. 2717. ENSURING THE QUALITY OF CARE.

`(a) Quality Reporting-

`(1) IN GENERAL- Not later than 2 years after the date of enactment of the Patient Protection and Affordable Care Act, the Secretary, in consultation with experts in health care quality and stakeholders, shall develop reporting requirements for use by a group health plan, and a health insurance issuer offering group or individual health insurance coverage, with respect to plan or coverage benefits and health care provider reimbursement structures that--

`(A) improve health outcomes through the implementation of activities such as quality reporting, effective case management, care coordination, chronic disease management, and medication and care compliance initiatives, including through the use of the medical homes model as defined for purposes of section 3602 of the Patient Protection and Affordable Care Act, for treatment or services under the plan or coverage;

`(B) implement activities to prevent hospital readmissions through a comprehensive program for hospital discharge that includes patient-centered education and counseling, comprehensive discharge planning, and post discharge reinforcement by an appropriate health care professional;

`(C) implement activities to improve patient safety and reduce medical errors through the appropriate use of best clinical practices, evidence based medicine, and health information technology under the plan or coverage; and

`(D) implement wellness and health promotion activities.

The net effect is to insert a subsection in Section 2717 saying the Secretary of Health and Human Services, while implementing a "wellness and health promotion activity... may not require the disclosure or collection of any information relating to... lawfully-possessed firearms or ammunition...."

It says nothing about any other agency such as the Department of Justice or the Department of Homeland Security.

Face it. They are coming after the guns and nothing short of nullification, secession or armed rebellion is going to stop it.

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